Human rights are those basic and fundamental rights to which every person - for the simple reason of being human - is entitled. They are inherent to all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. They are therefore innate, Universal, inalienable, indivisible and interdependent/interrelated.
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Human rights entail both rights and obligations. States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights. At the individual level, while we are entitled our human rights, we should also respect the human rights of others. |
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Chapter four of the Ugandan Constitution provides for the protection and promotion of fundamental and human rights and freedoms. It is arguably the part of the Constitution that has had the greatest impact on life in this country, as it enshrines the rights of all people in our country and affirms the democratic values of human dignity. It goes without saying that the rights and freedoms stipulated under Chapter four of the Constitution are binding on the government and all organs of the state. It is also imperative to note that private individuals and bodies (such as clubs, companies and private schools) are also obliged to observe such rights since it is widely recognised that some private bodies, such as large companies, can have great power. |
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Some rights may be limited in the interest of; National security or public safety, Public order, Protection of public health and morals and the Protection the rights of others since in life, people by nature usually have competing and conflicting rights. For example, one person's right to dignity, may conflict with another's right to freedom of expression. One citizen's right to be protected from violent suspected criminals will conflict with that suspect's right to freedom of movement.
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First, Second and Third generation rights
Human rights fall into two broad classes - first and second generation.
- First generation rights are Civil and Political rights, which include the basic rights to life, freedom form torture, cruel, inhuman and degrading treatment or punishment, freedom from slavery and forced labour, fair hearing, dignity, equality and privacy. They also include the fundamental freedoms associated with democracy: freedom of expression, association, assembly, opinion, belief and religion, and movement.
- Second-generation rights are those connected to the social and economic features of life (Economic and Social Rights). They include rights such as access to food, water, housing, healthcare, work, adequate standard of living, education, and social security. Special rights of Children, Women, Minorities and Persons with disabilities also fall in this category.
- Third-generation rights are a relatively new field in human rights(Collective or group rights). They basically concern the environment, peace, security and development, as well as culture and language.
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Under the Constitution, 'a child' means a person under the age of 18 years Children are accorded special protection because they are vulnerable members of society. They are dependent on others - their parents and families, or the state when these fail - for care and protection. Protection of the Children is backed by the Children’s Act as well as the International Covenant on the Rights of the Child. Under all these legal provisions, the best interests of a child are of paramount importance in every matter concerning the child or are the overriding concern when it comes to any matter affecting him or her.
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